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                           Before the
                Federal Communications Commission
                    Washington, D. C.  20554

Moffatt Properties Leasing LLC   )       File Number EB-02-OR-129
Owner of Antenna Structure No.   )      NAL/Acct.No. 200232620005
1212292                          )               FRN 0006-2670-41
Tupelo, Mississippi              )


                                         Released:  June 24, 2002
By the Enforcement Bureau, New Orleans Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Moffatt Properties Leasing LLC (``Moffatt''), owner  of 
antenna structure  number  1212292,  willfully  violated  Section 
17.4(g) of  the Commission's  Rules  (``Rules'')1 by  failing  to 
display the Antenna  Structure Registration  (``ASR'') number  on 
its antenna structure near Tupelo, Mississippi.  We conclude that 
Moffatt is apparently liable  for a forfeiture  in the amount  of 
two thousand dollars ($2,000).

                         II.  BACKGROUND

     2.  On  May 15,  2002,  an agent  from the  FCC  Enforcement 
Bureau's New Orleans  Office inspected  antenna structure  number 
1212292 and observed  that the ASR  number was not  posted on  or 
near  the  tower  or  anywhere   on  the  property.   The   agent 
interviewed one of the owners of Moffatt, Mrs. Chuck Moffatt, who 
admitted that they owned  the tower and that  they had failed  to 
post the tower's ASR number.

                        III.  DISCUSSION

     3.  Section 17.4(g) of the Rules requires the ASR number  to 
be displayed in a conspicuous place so that it is readily visible 
near the base  of the antenna  structure.  The antenna  structure 
was observed on May 15, 2002, and no ASR number was posted.  

     4.  Based on the evidence before us, we find that on May 15, 
2002, Moffatt willfully2 violated Section 17.4(g) of the Rules by 
failing to post the ASR number.  

     5.  Section 1.80(b)(4)  of the Rules3  does not establish  a 
base forfeiture amount for failure to post the ASR number.4   The 
Commission has  determined,  however, that  an  appropriate  base 
forfeiture amount for failure  to post the  ASR number is  $2,000 
per violation.5  In assessing the monetary forfeiture amount,  we 
must also take into  account the statutory  factors set forth  in 
Section 503(b)(2)(D)  of  the  Communications  Act  of  1934,  as 
amended  (``Act''),  which  include  the  nature,  circumstances, 
extent, and gravity  of the  violation, and with  respect to  the 
violator, the degree  of culpability,  and any  history of  prior 
offenses, ability to pay, and  other such matters as justice  may 
require.6  Considering the entire record and applying the factors 
listed above, this case warrants a $2,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,8  Moffatt Properties  Leasing LLC  is  hereby 
of two thousand dollars ($2,000) for willful violation of Section 
17.4(g) of the Rules.  

     7.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Commission's Rules,9 within thirty  days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Moffatt Properties  Leasing 
LLC, SHALL  PAY the  full amount  of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     8.  Payment of the forfeiture may be made by mailing a check 
or similar  instrument,  payable  to the  order  of  the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the FRN and NAL/Acct. No. referenced in the letterhead above.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     10. The Commission will not consider reducing or canceling a 
forfeiture in response to a claim of inability to pay unless  the 
petitioner submits: (1) federal tax  returns for the most  recent 
three-year period; (2) financial statements prepared according to 
generally accepted accounting practices  (``GAAP''); or (3)  some 
other  reliable  and  objective  documentation  that   accurately 
reflects the petitioner's current financial status.  Any claim of 
inability to pay  must specifically  identify the  basis for  the 
claim by reference to the financial documentation submitted.  

     11. Requests for payment of  the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.10 

     12. IT IS  FURTHER ORDERED  THAT a  copy of  this NOTICE  OF 
APPARENT LIABILITY shall  be sent by  regular mail and  Certified 
Mail Return Receipt Requested  to Moffatt Properties Leasing  LLC 
at 1960 McCullough Blvd., Tupelo, Mississippi 38801.

                              FEDERAL COMMUNICATIONS COMMISSION

                              James C. Hawkins
                              District  Director,   New   Orleans 
                              Enforcement Bureau

1 47 C.F.R.  17.4(g).
22 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `willful,' when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
3  47 C.F.R.  1.80(b)(4).
4 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087 
(1997), recon. denied 15 FCC Rcd 303 (1999).  The Forfeiture 
Policy Statement states that ``...any omission of a specific rule 
violation from the ...[forfeiture guidelines]...should not signal 
that the Commission considers any unlisted violation as 
nonexistent or unimportant.  Forfeiture Policy Statement, 12 FCC 
Rcd at 17099.  The Commission retains the discretion, moreover, 
to depart from the Forfeiture Policy Statement and issue 
forfeitures on a case-by-case basis, under its general forfeiture 
authority contained in Section 503 of the Act. Id.
5  American Tower Corporation, 16 FCC Rcd 1282 (2001).
6 47 U.S.C.  503(b)(2)(D).
7 47 U.S.C.  503(b).
8 47 C.F.R.  0.111, 0.311, 1.80.
9 47 C.F.R.  1.80.
10 See 47 C.F.R.  1.1914.